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Planning and zoning commission meeting
in Roll Call please Castro here.

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Near here right Buckley your
aether ten here we have

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a. Next item is approval the agenda any

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additions or collusions approval the

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minutes

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there being none will take

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a motion as amended so much so move by
Castro second by right on favor say aye aye

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aye aye all post same sign
says in comments this is

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a time for comments do or say I'm sorry
citizens to make comments on anything not

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on the agenda I am opening the floor to
anyone however I will note there are no

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citizens here except for the commissioners
and staff to see so I will take

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approval of the November thirtieth two
thousand and sixteen meeting minutes

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any corrections additions
if not all to commotion

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so much so moved by right second second
by Castro all in favor say aye aye I'll

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post them sign and then the December
fourteen minutes of the meeting.

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Any additions deletions corrections and if
not I'll take motion so much so move by

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Castro second second by right
all in favor say aye. All

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Post same sign there is no old
business so we move to new business.

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And before we get started the C.

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Mean I would like to welcome

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a new commissioner to our table
and could you tell us just

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a little bit about yourself that
I work for you can manage W L B

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K W S Q R Radio spent forty four years
in radio Firstly in news reporting

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and the last thirty in management
sales. Have been involved on

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a lot of committees both.
More on the volunteer side

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business associations and developments and
events and then planning and permitting

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and that type of thing and I serve also
on the local emergency planning committee

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I'm looking forward to getting involved
more and to go wonderful women and we're

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glad to have you on the commission won't
you so I will open up the public carry on

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a text amendment to our seven point
one four design requirements for new

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residential construction of the unified
development ordinance. Could we get

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a report from the staff before we get
started Yes but even commission.

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As you mentioned this is AMENDMENT TO
article and are you do you know regarding

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design requirements for new residential
construction well background the mayor and

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the council have been working for the past
six months to year look at the various

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boards in committees in the city. Trying
to consolidate duties avoid duplication

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make them more efficient one of the
committees looking at what that that's being

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looked at is

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a design review committee their duties are
covered in the municipal code and they

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are basically tasked with reviewing all
new homes in the city how are they

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haven't met in over seven years due to

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a couple circumstances which are going to
so the direction from the mayor is to.

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Delete or remove the design view committee
from the code take their duties and put

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them in the authority under that landmark
commission or into the Community

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Development Department in terms of review
and I'll kind of go through. How those

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are going to be. And transferred the current
regulations and you have the marked up

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Exhibit one in your packet there showing
Article seven point one four But it talks

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about the design. Review Committee in the
review of new residential construction

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and applies to all new homes in the city
and in terms of the new subdivision.

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Approved after one thousand nine hundred
only applies to new homes that are in

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subdivisions that are beyond ninety percent
built out so. All the subdivisions that

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we have that were approved after one thousand
nine hundred either completed or the

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ones that aren't are not at the ninety
percent yet so those new homes until they

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reach that mark are not being approved
by the design review committee. And also

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any home that is in the one of the two
historic districts in the city or designate

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a local landmark goes through the
Landmark Commission first for

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a recommendation then on to the design
review committee but as I noted this

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committee has met over
seven years hasn't had

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a new home the meets the criteria where
plies so and I think the membership all of

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them have been moved to other committees.
The remaining members have been moved

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over to other committees in the city so
that's the direction so we need to amend

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the you do yo to accommodate that and then
also transfer the duties that they had

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to the landmark commission or community
development department so the review

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of the current review standard
in the you do yo here.

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Well it's first of all go over what duties
are going to be transferred or how they

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are so any home in the historic district
or local landmark will go to Landmark

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Commission for final determination. If they
meet their criteria and the criteria is

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explained in Appendix seven

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a right behind the article there are seven
in the code it's the design guidelines

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a checklist one clue to copy. It's a
series of five guidelines and it's

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a scoring system and it's

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a the applicant has to meet in the applicant
scores the we made it changes the

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staff the scores and then then we have the
D R C in there before so we're changing

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that to keep the applicant the commune
development director or designee and then

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the landmark commission so depending on
where the house is will dictate who gets to

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review it but there's scores that are done
for those five guidelines and they must

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meet again to seventy five percent or
higher of the maximum number of points in

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order to be approved for them so there's
no change in here in terms of the scoring

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or anything it's just who what body or the
commune development director who gets to

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review it that's the change that but
all the scoring remains the same.

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So if the home is not in historic district
or Landmark but is somewhere else in the

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city and if it's in

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a subdivision that's gone be on the ninety
percent build out whenever that comes up

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that new home the application for that
will come to the commune development

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director. And they'll go through the
process of the scoring. And make

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a decision if that should be approved or
not in all these cases either Landmark

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Commission or the community Elma
director doesn't need if there's

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a denial that the peel of the applicants
can still appeal to the city council which

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is currently in the language are
not changing that so if there's

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a denial they can still go to the council
and appeal that to them in the eye of the

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final decision.

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And just a note once the commission never

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a sample motion at the end
of the staff report. Once

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a commission make sure recommendation
if you for that onto the council world

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prepare ordnances deleting a chapter forty
eight which is in the code which is

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a design review committee well may also
make amendments to Chapter forty four which

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is landmark commission to cover their new
duties and also the amendment to the do

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you know which we're discussing tonight
and have that one ordinance that would be

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approved at one time they all kind of
affected So our recommendation is to approve

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this changes are in line with the direction
from the mayor and council regarding

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this the design review committee really
got their duties handled elsewhere so the

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the recommendations basically sample

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a motion that if you agree with you can
pretty much go off of that motion of the

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back if you wish to thank
you. Because this is

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a public area one to have to state if there's
anyone in the public that would like

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to comment we would welcome their comments
however I do note again we do not have

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anyone from the public here this
evening so I will open this up to the

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commissioners for any questions or comments
and I'd like to start actually with

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a question so that this is more of just

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a curiosity question because I really don't
know much about the landmark commission

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. Do they have

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a regular meeting schedule or are
they similar to how we are utilized

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where you know there's like they see what
the applicants are in the name the name

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me there is. If their meeting schedule
isn't very regular Will this possibly

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change the reading schedule or how how would
that process kind of work the landmark

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commission is an ad hoc committee for
the city and therefore they don't have

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a regularly scheduled meeting they meet
as needed or on call so if we were to

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receive an application that required
their review and recommendation we would

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schedule

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a meeting and follow the Open Meetings
Act requirements and have that meeting

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review that item at that point
thank you but also just

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no sorry Chairman of the you know the
recommendation if you could add on there I do

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you know exhibit one which has all the
marked up changes but also if you can add in

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the motion appendix seven A which has the
change in the design guidelines have the

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committee development director or Landmark
commissions I'm sure thank you thank you

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so did you all catch that whoever makes
the motion make sure you include appendix

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seven and that's part of
the items be revised.

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I have

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a question. So it was not entirely
clear to me. I'm sorry let me go

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a different way. As I read the
The New. Suggested changes

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to exhibit one one of the things that
becomes difficult for me to understand is

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what is the role of the landmark commission
versus the role of the community

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development director and in particular.
I don't know if I'm misunderstanding or

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misreading the document but I feel
like those two are. Written here in an

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interchangeable manner in other words if
I guess us an example of if there were

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some requests for

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a revision what this sides what criterion
the size allows us to the side where

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there is going to go to the lamb
or commission first or and or make

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a decision there versus

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a community that development
director. Where who could make

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a decision as well I mean would what is the
criteria hands where the home is if the

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home submitted for a new home for

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a building permit application is in and if
that is located in the designated one of

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the two historic districts
in the city or doesn't

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a local landmark which are defined in
the Landmark Commission chapter that

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application will go to the Landmark Commission
for determination and will not go to

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the community development director and we're
going to claim our commission they'll

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make a decision on that if it's outside
the story district or it's not

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a local landmark and it's not

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a subdivision if it's past the ninety
percent build up that will come to the

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community but for deter
it in that case alum

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a commission would never see that right
but to have to go to one of the other OK

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and not go to both thank
you and thank you.

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And answer with respect to Appendix A seven
eight there are no changes there I'm

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sorry I misunderstood Yeah sorry the they
weren't marked up the changes are in the

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columns or they were says commute
development director and as

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a name that was initially staff and then
where it's landmark commissioning used to

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be or currently the D R C L view committee

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a site is going to be removed and then he
may develop director doesn't need to be

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had it so that's two changes to those two
columns nothing else change in the rest

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of the document so this this document
already hast those changes I understand now

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critical their proposed changes they were
marked up they were saying I proposed

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changes right OK sorry thank you they weren't
marked up like to exhibit one correct

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.

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What was. Said about the
addition of appendix seven

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a motion is added to the say that on the
end of the motion there the sample.

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So there's nothing else
I'd be happy to take

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a motion. Right now to give it

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a shot. Based on the submitted petition
and testimony presented I move that the

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planning and zoning commission recommend
to the city council approval of Tex

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amendments to Article seven point one four
of the. To absorb the development review

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committees duties into the Landmark
Commission or the can develop in director or

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designee as indicated in
exhibit. One and Appendix seven

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a. Motion has made a name by right

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a second the motion second by Castro
the discussion. There be none

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all to call.

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Castro yes crowd. Near Yes right

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yes Buckley Yes your other can
yes if you know him passing.

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The next I don't you know I'm sorry gosh
I'm sorry could you close the public

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hearing oh I'm sorry thank you and so
this closes the public hearing and forget

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that part don't leave that open.
So the next time for business is

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a discussion of video gaming discussion.
And with potential amendments to the

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U.T. You know so I open the door
to this yes thank you and this is

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a discussion item so there's not

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a public airing no official motion we're
looking at from the commission just some

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comments direction and I'll go through the
memo and give some good some background

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and kind of focus on what we're looking
for for feedback from the commission. The

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state passed

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a video gaming Act in two thousand and
nine set up restrictions regarding video

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gaming throughout the state loud cities to
opt in or out to the city Dekalb decided

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to. Allow those in the city at that
time say law allows only up to five

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terminals per location. That's throughout
the state and basically three types

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of locations retail stache MN truckstops
and veteran and fraternal establishments.

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And I believe all those would have to sell
but you're right liquor sales have to be

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associated with those. So the city did

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a lot discussion back then allowed to
use in the city and as of November

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this past November there were eighteen
video gaming establishments with

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a total of seventy six terminals throughout
the city. So in the last few years the

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city has seen that quite

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a few large increase in those particular
you've ones that. Ridgeley was set up

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where the city was interested in
lowering these and. At the request

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a lot of the. Fraternal organizations or
some of the restaurants to allow these as

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do help with this to get some additional
revenue or income for that particular

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stamp of Schmidt they become excessive
read to the principle you see the

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restaurants are. Her for turning organization
and where the ordinance was written

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and we did seen

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a lot recently and it's kind of been
throughout the state to where we've seen

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a video gaming establishment that are
almost would say that they're become the

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principal use on the site

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a lot of the come in through have served
food and would have to serve liquor but

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terms of the operation it's pretty much
focused on the video gaming really rely

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a lot of the revenues through that and
we've seen a lot of those recently

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a lot of Maher trying to get a
couple examples the Suzy's and he's

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a lot of March chains. Opening up

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a lot of different locations where they
do offer food limited menu items alcohol

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and the five video game machines
and usually taken up but have

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a smaller tenets bases are not in free
standing buildings that usually fifteen

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under square foot twelve hundred square
foot ten it's bases in multi ten

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a commercial buildings was where they
typically like to locate in higher commercial

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higher you know traffic areas
throughout the city. The council had

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00:24:56,77 --> 00:25:01,68
a couple of the lengthy discussions
last summer. John presented

222
00:25:01,72 --> 00:25:06,70
a couple memos to them which included in
your packet and the Commission or the

223
00:25:06,71 --> 00:25:08,60
council with those concerns wanted to take

224
00:25:08,61 --> 00:25:13,03
a look time to study the issue come up
with some perhaps regulations that would

225
00:25:13,59 --> 00:25:17,84
deal with these uses are coming in videogaming
would seem to be the principal use

226
00:25:18,22 --> 00:25:21,25
operating there so they
did approve in September

227
00:25:21,26 --> 00:25:25,83
a six month moratorium on any additional
video gaming licenses into the city

228
00:25:26,69 --> 00:25:31,57
expires on March thirteenth there
was time to allow the city to do

229
00:25:31,86 --> 00:25:37,34
a study analysis. But also involve you
know review by the planning and zoning

230
00:25:37,35 --> 00:25:38,24
commission on

231
00:25:38,78 --> 00:25:44,91
a few items related to Xining issues which
we wanted to discuss. So this would be

232
00:25:44,92 --> 00:25:48,96
discussion to look for direction and the
plan would be to from the direction come

233
00:25:48,97 --> 00:25:53,09
back. Read create some amendments publish

234
00:25:53,10 --> 00:25:56,72
a notice in the newspaper and come
back on February fifteenth for

235
00:25:57,00 --> 00:25:59,61
a hearing public hearing in front of
the commission and your meeting on the

236
00:25:59,62 --> 00:26:05,01
fifteenth of February and get or hopefully
recommendation of the commission that

237
00:26:05,02 --> 00:26:11,01
will go on to the council for review and
hopefully passage looking for by the time

238
00:26:11,02 --> 00:26:17,85
the the moratorium expires so we'd
have the regulations in place. It's

239
00:26:17,86 --> 00:26:23,55
a moratorium expires kind of three focused
areas I guess in terms of the amendments

240
00:26:23,56 --> 00:26:25,49
to the year Dio One is creating a new zone

241
00:26:25,50 --> 00:26:30,01
a classification definition for video
gaming right now we don't have video gaming

242
00:26:30,02 --> 00:26:30,87
listed as

243
00:26:30,88 --> 00:26:35,76
a permitted or special use and there in
the past they've been determined I guess

244
00:26:35,77 --> 00:26:42,33
under the bar tavern use as a principle
use in a bar and Tavern is permitted in

245
00:26:42,34 --> 00:26:44,89
a couple districts the central C.B.D.

246
00:26:44,90 --> 00:26:49,35
District and their general commercial
districts and their special use are limited

247
00:26:49,36 --> 00:26:51,96
commercial So that's the
term that's been used that's

248
00:26:51,97 --> 00:26:56,91
a list in the ordinance for it's gone
under the video gaming operation.

249
00:26:59,31 --> 00:27:02,91
Unless I guess they were part of the for
Turner organization to go under that

250
00:27:03,12 --> 00:27:08,25
particular use. So we like
to create a new different

251
00:27:08,29 --> 00:27:12,47
a definition for video gaming we don't have
the specific language but will come up

252
00:27:12,48 --> 00:27:18,06
with something that would define that
and we also may need to tweak or modify

253
00:27:18,07 --> 00:27:23,11
a little bit the definitions for the principal
use in excess are used to make sure

254
00:27:23,12 --> 00:27:28,77
that these types of operations where the
video gaming appears to be the principal

255
00:27:28,78 --> 00:27:33,39
operation there. Is defined
and then they would become

256
00:27:33,92 --> 00:27:39,10
a he they are permitted to use or especially
use they won't be accessory to some

257
00:27:39,11 --> 00:27:44,98
other operation so that's one thing will
need to do the other is what zoning

258
00:27:44,99 --> 00:27:51,49
district should this new video gaming
definition be permitted or special use as I

259
00:27:51,50 --> 00:27:55,95
noted the currently there under the bar
there permit in the central business

260
00:27:55,96 --> 00:28:00,38
district or the in the general commercial
district and kind of looking at this.

261
00:28:02,30 --> 00:28:07,74
From the Past discussions central business
district we kind of feel that having

262
00:28:07,75 --> 00:28:08,84
video gaming as

263
00:28:08,85 --> 00:28:15,08
a permitted use words of principle
yes and having it permitted probably

264
00:28:15,79 --> 00:28:19,13
we probably would not want to
continue that. I have it as

265
00:28:19,14 --> 00:28:24,47
a special use instead of trying to
protect the downtown in terms of retail

266
00:28:24,48 --> 00:28:30,15
operations uses that we want to see
down there this would prohibit current

267
00:28:30,16 --> 00:28:35,82
restaurants like our Leary's which has
video gaming or its accessory use to the

268
00:28:35,83 --> 00:28:41,24
main operation from continuing to do that
or future ones this would be or the video

269
00:28:41,25 --> 00:28:41,73
gaming is

270
00:28:41,74 --> 00:28:45,58
a principal use not having that and
central business district or having it is

271
00:28:45,59 --> 00:28:51,14
a special special use would probably
be more appropriate but allowing it as

272
00:28:51,15 --> 00:28:55,16
a permitted use again in the
general commercial and then

273
00:28:55,24 --> 00:29:00,62
a special use I guess continuing that in
the limited commercial now for projects

274
00:29:00,63 --> 00:29:03,43
there is on plan development with the
plan development it would depend on that

275
00:29:03,44 --> 00:29:08,60
particular ordinance. All the past ones
won't have that language in there because

276
00:29:08,61 --> 00:29:14,06
we haven't had that used before so any new
ones would have to. Be dependent on what

277
00:29:14,28 --> 00:29:18,00
the city would want to do that in that
particular audience for that site or

278
00:29:19,02 --> 00:29:22,86
permitted special use or not
depending on the location so.

279
00:29:26,55 --> 00:29:31,08
So in terms of where we'd want those that's
kind of the direction permitted in the

280
00:29:32,06 --> 00:29:37,59
general commercial. Special use
in the limited commercial.

281
00:29:39,75 --> 00:29:45,96
In the central business district probably
either one of you especially use or not

282
00:29:46,03 --> 00:29:51,72
even listed there is certainly an option
even you know not especially use in the

283
00:29:51,73 --> 00:29:56,91
central business district for naive and
open that door is but we want to further I

284
00:29:56,92 --> 00:30:01,23
think the recommendation is to limit
those in the central business district.

285
00:30:02,75 --> 00:30:07,07
Additional restrictions. From the
discussions last summer there was

286
00:30:07,08 --> 00:30:13,24
a. Few things brought out and there's
some really good thorough discussion in

287
00:30:13,68 --> 00:30:16,87
maps in the August seventeenth memo
interview and chance to look through those

288
00:30:16,88 --> 00:30:22,77
showing the location of all the video
gaming throughout the city in the minds of

289
00:30:23,05 --> 00:30:27,75
the principal uses seem to be congregated
up on six more road in the main

290
00:30:27,76 --> 00:30:34,34
commercial area there where a lot of men
come in lately. I think there's a was

291
00:30:34,35 --> 00:30:38,31
a lot of fifteen hundred foot area there
was twenty three percent of all the video

292
00:30:38,32 --> 00:30:43,25
gaming. Businesses were in that stretch
so that's where the and I think all those

293
00:30:43,26 --> 00:30:48,75
kind of came at the last year or two. So
it's became evident that they're really

294
00:30:48,76 --> 00:30:54,90
concentrating and focusing on one particular
area so I think it's fair to limit

295
00:30:55,37 --> 00:30:57,51
those and you can do that with like

296
00:30:57,52 --> 00:31:02,36
a distance separation requirement. Adding
restriction that they can't be located

297
00:31:02,37 --> 00:31:04,59
within and this is

298
00:31:04,60 --> 00:31:09,06
a facility itself and for example two hundred
fifty feet from another video gaming

299
00:31:09,07 --> 00:31:13,45
operation. If you want additional
limitations you could do

300
00:31:13,46 --> 00:31:18,53
a separation regarding the. The property
line of where of the building where the

301
00:31:19,26 --> 00:31:23,67
facility is at the building the
property line that covers that building

302
00:31:23,87 --> 00:31:28,56
a setback. On the property
line for example like

303
00:31:28,57 --> 00:31:32,13
a hundred feet so that would give make
sure there's some separation between them

304
00:31:32,14 --> 00:31:32,95
where you're not having

305
00:31:32,96 --> 00:31:39,27
a strip center. You know made up of
entirely these operations or you know quite

306
00:31:39,28 --> 00:31:44,03
a few of them out there they take
up and tire one but avoid it make

307
00:31:44,04 --> 00:31:49,65
a little more separation between them. But
still allow them in that most of here is

308
00:31:49,66 --> 00:31:51,25
general commercial district or has

309
00:31:51,26 --> 00:31:58,11
a plan developments and I'm so.
So that's kind of the three areas

310
00:31:58,12 --> 00:32:04,10
focused on are looking for direction is
the definition. Where they should be

311
00:32:04,11 --> 00:32:09,00
permitted or special use or not allowed
and then any other restrictions regarding

312
00:32:09,01 --> 00:32:14,44
distance between them or if there's any
other. Recommendations you haven't any

313
00:32:14,45 --> 00:32:19,72
other type of restrictions that may get
the same result we're certainly open to

314
00:32:19,73 --> 00:32:26,64
that so so again no motion officially
any. Comments will take questions

315
00:32:27,47 --> 00:32:34,34
either one of us so I definitely

316
00:32:34,35 --> 00:32:38,70
have to say that this was very eye opening
for me to read I know you know you know

317
00:32:38,71 --> 00:32:42,20
that these are in the community but you
don't really know where they are until you

318
00:32:42,21 --> 00:32:47,20
see the map and you see and you know but
I think the eye opening piece for me was

319
00:32:47,50 --> 00:32:53,100
the ones that how they're classified
whether an accessory or the the fact that

320
00:32:54,01 --> 00:33:00,72
they're considering the bar or I
had no clue so any of them that

321
00:33:00,73 --> 00:33:07,36
are and this probably will
go for us kind of with

322
00:33:07,37 --> 00:33:08,71
thinking this through

323
00:33:08,72 --> 00:33:13,56
a little bit any that are considered
the liquor class is considered

324
00:33:13,57 --> 00:33:19,75
a bar currently then do they have to I would
assume that they would have to observe

325
00:33:19,84 --> 00:33:26,30
Annie ordinances that bars would have to
like I don't know what those ordinances

326
00:33:26,31 --> 00:33:31,67
are at the top of my head but let's say
they can't be school or whatever I'm just

327
00:33:32,46 --> 00:33:37,46
justice for them to make an end up but
trying to think of an example so today is

328
00:33:37,47 --> 00:33:42,65
that what they have to. Go by
is what that ordinance for what

329
00:33:42,66 --> 00:33:47,97
a bar would have to go by currently yet
they would have still have to make the

330
00:33:47,98 --> 00:33:51,36
whatever classification of liquor
licenses that operation has

331
00:33:51,37 --> 00:33:54,34
a you would have to meet whatever there's

332
00:33:54,35 --> 00:33:59,33
a distance to schools or whatever setbacks
hours of operation and whatever there is

333
00:33:59,81 --> 00:34:04,85
they have to meet that So do we need to
kind of keep that in mind as we're thinking

334
00:34:04,86 --> 00:34:10,52
through. Any of us that
we may need to consider

335
00:34:11,82 --> 00:34:18,07
adding that into the studio specific or is
that that's when we'll handle that that

336
00:34:18,08 --> 00:34:22,30
separation language and the requirements
are handled in the liquor code OK So

337
00:34:22,31 --> 00:34:23,88
anytime we get

338
00:34:24,07 --> 00:34:29,02
a liquor license application the city
distributes that to all of the departments to

339
00:34:29,03 --> 00:34:33,58
review from there Barry various perspectives
so that part of it gets reviewed as

340
00:34:33,59 --> 00:34:40,40
part of the liquor license review I
guess the only reason it might it would

341
00:34:40,41 --> 00:34:44,80
need to be codify it in the code but the
commission may want to understand where

342
00:34:44,81 --> 00:34:49,81
some of those features are so that if
we're creating some separations or

343
00:34:49,82 --> 00:34:56,17
limitations that we're not overly burdening
the system we're not overly regulating

344
00:34:56,18 --> 00:35:00,74
it so that right it's not allowed anywhere
for I am well it's kind of what I do so

345
00:35:00,75 --> 00:35:07,05
we could we could have the map revised
to show the location of any facilities

346
00:35:08,35 --> 00:35:12,26
that that that the liquor
code may reference as being

347
00:35:12,27 --> 00:35:15,75
a location that you can't or you have
restrictions in terms of the limits of the

348
00:35:15,76 --> 00:35:17,48
location for

349
00:35:17,52 --> 00:35:21,43
a liquor license and show where there's
those are on the map so you have an idea.

350
00:35:23,94 --> 00:35:29,37
So didn't you had also mentioned your
demeanor really quick statement about them

351
00:35:29,38 --> 00:35:30,65
being in the P.T.C.

352
00:35:32,15 --> 00:35:37,14
What was that piece and I think you know
reason I am asking is because I am sorry

353
00:35:37,15 --> 00:35:40,87
to interrupt you the reason why I'm asking
is because there is the one on Sycamore

354
00:35:40,88 --> 00:35:45,55
road right now that is it
appears it's in a P.V.C.

355
00:35:46,30 --> 00:35:47,15
I think if it's in

356
00:35:47,16 --> 00:35:52,75
a plane development commercial the
ordinance if it magine if it listed bar as

357
00:35:52,76 --> 00:35:58,04
a permitted use to come down I think they
are we would categorize the video gaming

358
00:35:58,05 --> 00:36:02,34
would be attached to that would be allowed
there OK And so but I think moving

359
00:36:02,35 --> 00:36:03,39
forward if we create

360
00:36:03,40 --> 00:36:09,44
a video gaming operation that would be.
Something we've looked at to determine if

361
00:36:09,45 --> 00:36:13,26
that plan development do we want to have
video gaming in there or not to respect

362
00:36:13,27 --> 00:36:20,01
for use of. Prohibited or something you
know like we do with cases where the list

363
00:36:20,02 --> 00:36:25,22
of prohibited uses they are so I think the
past any current ones. I think we've got

364
00:36:25,23 --> 00:36:29,08
the bar term tavern pretty
for quite a while so magine

365
00:36:29,09 --> 00:36:31,59
a lot of May have that party in there as

366
00:36:31,60 --> 00:36:36,94
a permitted use or special use but it would
depend on that site where you become

367
00:36:37,39 --> 00:36:41,56
one of the potential challenges I was
thinking about this with the plan development

368
00:36:41,57 --> 00:36:47,26
if it lists the specific uses in Atlas bars
for example and somebody comes forward

369
00:36:47,27 --> 00:36:52,01
with an application in that plan development
if we adopt this new language that

370
00:36:52,02 --> 00:36:53,53
defines videogaming as

371
00:36:53,54 --> 00:36:58,11
a stand alone principle use that's not
listed in those plan development agreements

372
00:36:58,12 --> 00:37:03,38
so I think I'm thinking this forward and
I guess my interpretation would be that

373
00:37:03,39 --> 00:37:06,79
they would have to come back and amend
that plan development in order to

374
00:37:06,80 --> 00:37:09,78
accommodate that I don't
know whether there's

375
00:37:09,80 --> 00:37:14,36
a way for us to work with legal counsel to
come up with language in the code now if

376
00:37:14,38 --> 00:37:20,19
the choice of the commission was. You know
if it's allowed in the underlying zoning

377
00:37:20,20 --> 00:37:26,78
districts to supersede that restriction I'd
have to ask our attorney about that but

378
00:37:26,78 --> 00:37:33,34
. There are other plan development
ordinances that were written that don't have

379
00:37:33,86 --> 00:37:40,85
a specific. Use list uses listed within the
ordinance so in those cases we do go to

380
00:37:40,86 --> 00:37:44,28
the underlying zoning districts
so if you know we can do

381
00:37:44,29 --> 00:37:49,38
a little bit more work on that and then
depending on what your thoughts are we. We

382
00:37:49,39 --> 00:37:52,81
can maybe create some language that
would allow for those as we do have

383
00:37:52,82 --> 00:37:54,06
a lot of plan developments and.

384
00:38:07,01 --> 00:38:13,98
So I I read this this document and the
My first reaction is just for the sake

385
00:38:13,99 --> 00:38:18,51
of an exercise and put it on the table
it's actually to put my might libertarian

386
00:38:18,52 --> 00:38:22,97
hat on and I'm not saying that I'm one where
the other but I put my libertarian hat

387
00:38:22,98 --> 00:38:27,36
on and I asked my question why are we
regulating this why why don't we just let

388
00:38:27,37 --> 00:38:34,30
this proliferate in whatever way for fashion
of ones and let the market decide what

389
00:38:34,31 --> 00:38:39,37
happens and of course there are arguments
that are made here of why we're

390
00:38:39,38 --> 00:38:44,47
interested in vien and that's of course
that's not the libertarian head anymore

391
00:38:44,48 --> 00:38:45,62
this that's also

392
00:38:46,39 --> 00:38:52,32
a community making decisions on whether
we want to how we want it and those

393
00:38:52,33 --> 00:38:59,17
limitations what what are those limitations.
As as I then entertain those first

394
00:38:59,18 --> 00:39:03,42
few questions other questions come to
mind in one of them is you know what what

395
00:39:03,43 --> 00:39:08,06
would the conversation be we were talking
about Pacman and misses back in the games

396
00:39:08,06 --> 00:39:13,25
. In this conversation would probably be
different in that sense would be having

397
00:39:13,91 --> 00:39:17,11
some other conversation it wouldn't be
necessarily this one we would in the cellar

398
00:39:17,12 --> 00:39:23,73
be talking about attaching this limitations
or making them condition condition in

399
00:39:23,74 --> 00:39:29,79
them I'm sorry to to bars for example.
So the analogy of course and it's no

400
00:39:29,80 --> 00:39:34,15
accident that we start thinking about how
those little license work in thinking

401
00:39:34,16 --> 00:39:36,40
about that model. As

402
00:39:36,41 --> 00:39:42,60
a way to start defining what the restrictions
on this is going to be my suspicion

403
00:39:42,61 --> 00:39:47,34
is that at the very existence of the
conversation this started some months ago the

404
00:39:47,55 --> 00:39:48,32
very fact that we have

405
00:39:48,33 --> 00:39:52,39
a moratorium on this on this decisions in
the we're having this discussion in the

406
00:39:52,40 --> 00:39:52,65
once

407
00:39:52,66 --> 00:39:56,05
a word are going to come up in the future
is is because we want to put something

408
00:39:56,23 --> 00:40:02,23
around this we want to make sure we give
ourselves the time to think about this in

409
00:40:02,24 --> 00:40:05,89
that context is seems clear to me that
we're not going in the direction of do

410
00:40:05,90 --> 00:40:10,51
nothing that option doesn't seem that is
going to materialize you know in all of

411
00:40:10,52 --> 00:40:16,34
this. And given that and that's my thought
that we're not going to go in that

412
00:40:16,35 --> 00:40:22,19
direction I guess the best thing we can
do is precisely participate in in what

413
00:40:22,20 --> 00:40:29,01
those limitations will be. I I know that I

414
00:40:29,02 --> 00:40:29,40
said

415
00:40:29,44 --> 00:40:33,91
a lot of things there that are more philosophical
and anything else but I just wanted

416
00:40:33,92 --> 00:40:38,03
to make sure that at least it is on the
table and that we recognize that again this

417
00:40:38,04 --> 00:40:43,13
is not about Miss back and this is about
some of the type of video game in that

418
00:40:43,14 --> 00:40:47,93
actually highlights the need and I know
that you just brought it up in in this in

419
00:40:47,94 --> 00:40:49,15
the introduction there is

420
00:40:49,16 --> 00:40:55,08
a need to define what this video game is
what this video game terminals are. And

421
00:40:55,09 --> 00:40:57,49
again it's not a Mrs fact a machine is

422
00:40:57,50 --> 00:41:04,47
a different type of video game terminal.
Having said all that and hopefully getting

423
00:41:04,52 --> 00:41:08,69
more definition on what this is I am
looking forward to seen some more clear

424
00:41:08,70 --> 00:41:13,68
definition of what this video game game
terminals are going to be. I generally

425
00:41:13,69 --> 00:41:19,72
speaking I am on board on the idea of
attaching this video game regulations to for

426
00:41:19,73 --> 00:41:24,77
example bars it will be nice I concur with
the idea that it will be nice to to see

427
00:41:24,78 --> 00:41:29,31
a map of where bars in the city
of the Kalb are. In might not be

428
00:41:29,32 --> 00:41:34,39
a bad idea to think about options where
you if it is possible where you limit the

429
00:41:34,40 --> 00:41:37,84
number of machines further so
if I'm not mistaken you have

430
00:41:37,85 --> 00:41:40,85
a limitation of five
currently it might not be

431
00:41:40,86 --> 00:41:43,14
a bad idea to limited lower if you have

432
00:41:43,15 --> 00:41:49,73
a really high number of bars that might
balance things out. So those are some of

433
00:41:49,74 --> 00:41:54,00
the some of the things that occurred to me
as I read this I realize I'm not saying

434
00:41:54,00 --> 00:41:58,30
. Things that are hundred percent original
Some of those things are already here

435
00:41:58,57 --> 00:42:05,20
but I am if anything given my my first
position my first reading on all this

436
00:42:06,90 --> 00:42:12,86
since the state allows for five video
terminals we can diminish that ability is my

437
00:42:12,87 --> 00:42:19,52
understanding correct so we don't
need five based on this. Up to

438
00:42:19,53 --> 00:42:25,08
five I mean. By they can have
up to five but I'm guessing

439
00:42:25,09 --> 00:42:31,26
a local municipality can't limit to two
that's going to say OK and just in case it

440
00:42:31,27 --> 00:42:37,52
wasn't clear the state requirements only
allow video gaming machines for people who

441
00:42:37,53 --> 00:42:41,14
have liquor licenses so you
can't just put them in

442
00:42:41,30 --> 00:42:47,49
a retail store anywhere so I think that's
you know that's kind of how it started

443
00:42:47,50 --> 00:42:52,00
the way it did it started off as
it's available to anybody who has

444
00:42:52,01 --> 00:42:55,10
a liquor license Well at that point people
didn't have a liquor license to have

445
00:42:55,11 --> 00:43:00,72
a video gaming business because that didn't
exist at the time so everybody came in

446
00:43:00,73 --> 00:43:02,52
who had a liquor license
and if they wanted

447
00:43:02,80 --> 00:43:07,79
a way to raise money they they added between
one and five machines it became pretty

448
00:43:07,80 --> 00:43:12,02
successful very fast and the people out
there evaluating this business model said

449
00:43:12,03 --> 00:43:16,59
Hey all I have to do is get a liquor
license from a community and I can open up

450
00:43:17,09 --> 00:43:23,81
a shop now some communities. Liquor license
provisions don't allow you to have just

451
00:43:23,82 --> 00:43:29,12
a bar unless you have food so in those cases
that communities have liquor licenses

452
00:43:29,13 --> 00:43:34,82
like that these small standalone twelve
hundred square foot video gaming

453
00:43:34,83 --> 00:43:36,30
establishment weren't really

454
00:43:36,31 --> 00:43:40,59
a problem because they don't want to come
in and set up the kitchen and go through

455
00:43:40,60 --> 00:43:45,73
all of the expense just to have video gaming
machines so they started targeting the

456
00:43:45,74 --> 00:43:50,45
communities that allowed for liquor licenses
that don't have kitchen requirements

457
00:43:50,83 --> 00:43:54,17
and that's where you know at the
time it was coming in and all of

458
00:43:54,18 --> 00:43:59,58
a sudden why do we have ten twelve
fifteen requests for these all within

459
00:43:59,59 --> 00:44:04,87
a really close. Location and that that's
really why we got to where we were it

460
00:44:04,88 --> 00:44:06,47
wasn't because you know we have

461
00:44:06,48 --> 00:44:09,66
a lot of people on the council and in the
community that believe very strongly in

462
00:44:09,67 --> 00:44:15,12
the open market but this was one of those
animals that didn't seem to be reacting

463
00:44:15,43 --> 00:44:19,30
like a normal open market type of
business so that's why we took

464
00:44:19,31 --> 00:44:25,83
a POS. And I think that's the piece that
has been very educational to me on this is

465
00:44:26,04 --> 00:44:32,82
I had no idea the one I don't remember the
name Susie's or Shelby's or something in

466
00:44:33,25 --> 00:44:38,57
those checking center area by
Target or by only would have had

467
00:44:38,58 --> 00:44:43,24
a look I mean who knew right who knew you
know and actually I probably half of

468
00:44:43,25 --> 00:44:46,90
these I mean most of those businesses will
admit to you they don't even need the

469
00:44:46,91 --> 00:44:51,78
liquor license quite right they sell very
little liquor in those looking you know

470
00:44:51,79 --> 00:44:56,18
for legal reasons on the range but then
the other piece of it too it was very eye

471
00:44:56,19 --> 00:45:01,19
opening for me is the revenue stream here.
Well you know here in our community that

472
00:45:01,39 --> 00:45:07,18
we're Shockey I mean it's awesome but that
was shocking to me that that number was

473
00:45:07,77 --> 00:45:12,01
yeah I mean keep Are you referring to the
numbers in the report yes those are those

474
00:45:12,02 --> 00:45:19,02
are numbers are numbers spent So those
are the money's being gambled those

475
00:45:19,03 --> 00:45:23,79
aren't the revenues so there's money's
being gambled so and I think there's been

476
00:45:23,80 --> 00:45:26,92
a money grab Hill and
that still it's still

477
00:45:26,93 --> 00:45:30,95
a large number and yeah you know it not
that it should play into your consideration

478
00:45:30,96 --> 00:45:34,62
but I can I can give you an idea of what
those numbers are because I know the

479
00:45:34,63 --> 00:45:37,92
Council has asked for those as well and I
think that's always kind of the elephant

480
00:45:37,93 --> 00:45:40,17
in the room with these
kinds of things is that

481
00:45:40,51 --> 00:45:44,72
a community that and all of us all communities
are experiencing that you don't know

482
00:45:44,73 --> 00:45:49,78
what's happening in Springfield right now
and you don't know how even if it's slow

483
00:45:49,82 --> 00:45:54,33
the money starts to flow again that could
take decades to get back up to the point

484
00:45:54,34 --> 00:45:55,72
where it is and this is

485
00:45:55,73 --> 00:46:01,93
a sure thing you know it's just like
casinos you know people at first it want

486
00:46:01,94 --> 00:46:06,91
casinos municipalities and huge debates
about casinos but boy you start getting in

487
00:46:06,92 --> 00:46:08,30
a couple million dollars

488
00:46:08,34 --> 00:46:15,01
a year for road projects and things like
that looks pretty attractive and. The

489
00:46:15,02 --> 00:46:20,89
gambling establishments whether small or
large they really you know like you said

490
00:46:21,54 --> 00:46:23,95
the bar they look at
license issue that that's

491
00:46:23,96 --> 00:46:27,59
a no brainer for them that's not
their focus and you know they put in

492
00:46:27,60 --> 00:46:31,28
a little investment they're
going to triple you know that

493
00:46:31,29 --> 00:46:34,58
a lot of money going very easily and you
know one of the first couple of days

494
00:46:34,89 --> 00:46:40,60
that's gone before but I guess my concern
and I have two men I've never been and we

495
00:46:40,66 --> 00:46:46,60
have these things and I'm giving this
background and giving what little I know

496
00:46:46,61 --> 00:46:50,29
about them I'm assuming that.
There's And there's not

497
00:46:50,30 --> 00:46:56,41
a whole lot of interior investment in these
properties when they they start to. And

498
00:46:56,42 --> 00:47:02,43
they go into if I'm wrong have you think
it depends on the. Actual establishment

499
00:47:02,44 --> 00:47:06,72
Susie's is nice inside with it's right next
to the radio station so we watched him

500
00:47:06,93 --> 00:47:08,42
build it but they didn't do

501
00:47:08,43 --> 00:47:12,59
a lot you're going to Shelby's and there's
partitions and more architecture inside

502
00:47:12,60 --> 00:47:17,32
so I think it just depends on the size of
the chain that's operating in both places

503
00:47:17,33 --> 00:47:21,88
I think this is her twelfth or thirteenth
location in the state and Shelby's is

504
00:47:21,89 --> 00:47:25,37
a chain along with Stella's supply chains
are trying to make it very inviting to

505
00:47:25,38 --> 00:47:27,04
you know women there's

506
00:47:27,05 --> 00:47:30,97
a big dinner today where I think it's very
very hard yeah people don't like to go

507
00:47:30,98 --> 00:47:35,31
on the big casinos with all the noise
something very inviting you know come in it

508
00:47:35,32 --> 00:47:39,25
they're usually the back and not up front
and you come in and there's tables and.

509
00:47:40,36 --> 00:47:44,46
Yes little area where you know never
drank or limited menu items so

510
00:47:44,69 --> 00:47:48,74
a lot of them have the same kind of model
almost in terms of way out I guess one of

511
00:47:48,75 --> 00:47:55,34
my biggest my biggest concern. Is not the
existence of these things but more that

512
00:47:55,58 --> 00:47:59,51
some of those other issues that are
brought up like location I really

513
00:47:59,90 --> 00:48:05,09
a personally would not like to see
political ration of these in the central

514
00:48:05,10 --> 00:48:10,73
business district. Not only because not
really so much as they use but really it's

515
00:48:11,01 --> 00:48:12,97
you know they're limiting themselves to

516
00:48:12,98 --> 00:48:19,73
a very small square footage. That really
doesn't fit in most circumstances with the

517
00:48:19,74 --> 00:48:23,16
flavor that you're trying to establish
in the central business district

518
00:48:23,49 --> 00:48:29,72
particularly an older one that is trying
to recapture some of that that history and

519
00:48:29,73 --> 00:48:35,46
I think you know that's what the Countess
is attempting to do so I would have

520
00:48:36,37 --> 00:48:42,46
a preference at these were not particularly
as a principal use be allowed and

521
00:48:42,50 --> 00:48:48,23
a central business district that being
sad I would I would not I would have to

522
00:48:48,24 --> 00:48:52,43
think about it you know whether or not
and I don't know if you're suggesting to

523
00:48:52,72 --> 00:48:59,65
even limitations or an accessory so-called
accessory is so if it wasn't like an

524
00:48:59,66 --> 00:49:03,75
existing bar or a bar that the Prince
it was going to be a restaurant and

525
00:49:03,76 --> 00:49:08,37
a bar that was going to be the principal
use that we would still be looking

526
00:49:08,38 --> 00:49:13,94
favorably upon them having the five term
up to five terminals there yeah we don't

527
00:49:13,95 --> 00:49:17,99
tend to change it if they are the
accessories to still allow those like

528
00:49:18,00 --> 00:49:22,24
a Leary's was an example and that would be
fine I would say like that I would just

529
00:49:22,25 --> 00:49:28,17
really have a you know I have real
doubts about you know. Having that as

530
00:49:28,18 --> 00:49:29,10
a principal use in

531
00:49:29,11 --> 00:49:35,70
a central business district and as
far as. Elsewhere in the community

532
00:49:36,08 --> 00:49:37,37
you know I in

533
00:49:37,38 --> 00:49:43,62
a commercial area. If you were along
Sycamore all the time and you know when all

534
00:49:43,63 --> 00:49:48,20
signs start to pop up and you start to see
those little little businesses I mean

535
00:49:48,21 --> 00:49:52,14
one of the first things and honestly one
of the first things I thought and maybe

536
00:49:52,15 --> 00:49:54,63
just given my background is oh
my gosh are we going to have

537
00:49:54,64 --> 00:50:01,33
a strip mall of nothing but these little
video gaming places you know and then it's

538
00:50:01,34 --> 00:50:02,64
that also would be kind of

539
00:50:02,65 --> 00:50:05,94
a tragedy because that's that
again is setting that's saying

540
00:50:05,95 --> 00:50:11,52
a tone for that particular commercial
area. You know I don't know spattered

541
00:50:11,53 --> 00:50:14,19
throughout that honestly isn't

542
00:50:14,74 --> 00:50:21,24
a huge concern of mine but if we get the
if they become so lucrative and so you

543
00:50:21,25 --> 00:50:21,74
know such

544
00:50:21,75 --> 00:50:26,49
a valuable operation to the to these folks
that they're going to go they're going

545
00:50:26,50 --> 00:50:30,79
to cluster just like fast food restaurants
and they're going to be there now

546
00:50:30,80 --> 00:50:35,30
stacked up right beside each other so
control over that is something that I would

547
00:50:35,31 --> 00:50:40,59
like to personally I would like to. Kind
of feel out and see what the possibilities

548
00:50:40,61 --> 00:50:45,64
are there whether it's you know one you
know so many persone an area or within so

549
00:50:45,65 --> 00:50:50,90
many feet of each other are you know
whatever that is that something I personally

550
00:50:50,90 --> 00:50:57,02
like to see explored and good in talking
with Shelby's people early on when they

551
00:50:57,03 --> 00:50:58,75
first opened because they still owes

552
00:50:58,97 --> 00:51:02,16
a lot of times they'll put Shelby's at one
end and still is at the other end of the

553
00:51:02,17 --> 00:51:06,31
strip mall because there are different
schemes and different approaches and people

554
00:51:06,32 --> 00:51:09,91
go to one if they didn't do well they'll
go on down to the other or they did well

555
00:51:09,92 --> 00:51:13,38
so the other going to go down here and
who didn't do well there that is kind of

556
00:51:13,39 --> 00:51:16,76
overkill if you know and it's what you
know it's what Las Vegas was built on you

557
00:51:16,77 --> 00:51:20,18
just start you know starting when in the
strip and you go all the way the other

558
00:51:20,22 --> 00:51:26,35
fire and I and it you know if they were
beautiful and begun and you know that maybe

559
00:51:26,36 --> 00:51:31,29
that would be something right now Africa
cow maybe but but but that was that's what

560
00:51:31,30 --> 00:51:35,31
would happen is that you you know you
there we have to control that from have

561
00:51:35,44 --> 00:51:37,78
coming past and that's again that would be

562
00:51:37,79 --> 00:51:43,59
a concern. So with those
concerns you know the.

563
00:51:45,03 --> 00:51:49,50
There are the three on Sycamore road that
are pending that are right there in the

564
00:51:49,51 --> 00:51:56,21
same spot as. I believe that's
part of probably mercury that

565
00:51:56,22 --> 00:52:02,79
strip there are there certain
so to speak so with those

566
00:52:02,81 --> 00:52:09,78
repairs being in that same approximate
area are those pending waiting

567
00:52:09,79 --> 00:52:13,69
for the outcome of why what might
happen with the you do you know for

568
00:52:13,70 --> 00:52:19,08
a good question so these reports were
prepared back before the moratorium was

569
00:52:19,09 --> 00:52:22,71
issued so those were pending at the time
the council was reviewing the first time

570
00:52:23,01 --> 00:52:27,73
and have since gone on and been approved
OK I think we have at least one of them

571
00:52:27,74 --> 00:52:33,40
who's not actually been constructed yet
they've run into some issues with that so

572
00:52:33,74 --> 00:52:39,85
anything you see on here now should be
assumed to be in existence or can legally

573
00:52:39,90 --> 00:52:46,60
become into existence and. The only relevance
to moving forward might be that if we

574
00:52:46,61 --> 00:52:47,30
create

575
00:52:47,31 --> 00:52:53,59
a separation restriction then these don't
comply to some or all of these that are

576
00:52:53,60 --> 00:52:59,27
too close to each other might become
non-conforming that doesn't effect them now

577
00:52:59,28 --> 00:53:03,05
because we have non-conforming rights that
would allow them to continue to do that

578
00:53:03,06 --> 00:53:07,95
as long as they meet the non-performing
requirements but if they changed ownership

579
00:53:07,96 --> 00:53:11,39
or burned down or something happened then
they could lose that non-conforming right

580
00:53:11,95 --> 00:53:16,87
unless that's an issue and you're wanting
addressed that we could address that in

581
00:53:16,88 --> 00:53:21,77
the code revisions as well OK so if
there's if there is a desire to create

582
00:53:21,78 --> 00:53:25,45
a new language that would
not allow more than one in

583
00:53:25,46 --> 00:53:30,84
a given continuous strip building or
create some separation between the actual

584
00:53:30,85 --> 00:53:35,46
business or the property lines of the
business we would go through and identify

585
00:53:35,47 --> 00:53:37,40
which ones would become non-conforming as

586
00:53:37,41 --> 00:53:43,80
a result of that action so
that you. As we have this

587
00:53:43,81 --> 00:53:48,28
conversation one of the questions that I
have in my mind and I'd throw it out there

588
00:53:48,29 --> 00:53:50,40
for the sake of conversation
is to do we have

589
00:53:50,41 --> 00:53:55,67
a reference has anything like this
happen in the past where we have this

590
00:53:55,68 --> 00:54:00,43
proliferation of businesses where initial
capital investment is for up at least

591
00:54:00,44 --> 00:54:01,57
small and you could have

592
00:54:01,58 --> 00:54:07,30
a rep the Lehigh turnaround of this
stablish men and or can we build

593
00:54:07,31 --> 00:54:12,76
a map of the city with some other kind of
stylish when the say restaurants and we

594
00:54:12,80 --> 00:54:16,59
going to find a glum aeration of
restaurants and I'm using That's

595
00:54:16,60 --> 00:54:22,11
a nice as an example where existing
restaurants may not you know let's say that

596
00:54:22,12 --> 00:54:26,94
a given restaurant is in the middle of
Lincoln Highway in that particular owner's

597
00:54:26,95 --> 00:54:32,33
likely you know kind of saturate in this
area is there anything that the that the

598
00:54:32,34 --> 00:54:37,22
city can do to prevent more restaurants
in that spot and I'm doing this as an

599
00:54:37,23 --> 00:54:40,68
exercise in trying to see whether there's
a reference always does that much of

600
00:54:40,69 --> 00:54:45,29
a different animal that that is kind of
difficult to get our head around aside from

601
00:54:45,30 --> 00:54:49,73
simply putting restrictions and that's it
I mean what other potential uses to put

602
00:54:50,60 --> 00:54:56,58
restrictions on or. So what is the obvious
is there an obvious area out there where

603
00:54:56,59 --> 00:55:02,84
we put restrictions on currently for video
gaming that it's not video game just yet

604
00:55:02,85 --> 00:55:09,78
because that's sure something I guess I
don't think we have all the bars. And

605
00:55:09,80 --> 00:55:14,77
you know I can. You know I can go through

606
00:55:14,78 --> 00:55:20,52
a list of. Those uses you know that always
come up that ordinances regulate in

607
00:55:20,53 --> 00:55:26,88
different ways I can't think of any. Into
Kalb certainly that talk about regulating

608
00:55:27,35 --> 00:55:33,41
how close they are to each other I worked
in another community. And it's the only

609
00:55:33,42 --> 00:55:36,07
other thing that's similar to what
you're talking about where they had

610
00:55:36,08 --> 00:55:42,99
a proliferation of businesses that were
catering to beauty supply stores and it

611
00:55:43,00 --> 00:55:43,26
was on

612
00:55:43,27 --> 00:55:49,55
a Roosevelt Road and they had the old
downtown type buildings you know one or two

613
00:55:49,56 --> 00:55:54,53
story buildings built up close to
the road. A lot of vacancies in.

614
00:55:56,54 --> 00:56:02,32
Places would come in pretty large here
places and they have beauty supply and maybe

615
00:56:02,33 --> 00:56:02,58
sell

616
00:56:02,59 --> 00:56:09,13
a few chairs to people and every you know
multiple ones in each block and more than

617
00:56:09,14 --> 00:56:14,40
one in every block so in that particular
case that community chose to implement

618
00:56:14,88 --> 00:56:21,57
a minimum separation between those uses.
That's the only thing I can think of but

619
00:56:21,58 --> 00:56:25,89
it was unique to that to that particular
community and I can't think of anything

620
00:56:26,74 --> 00:56:31,20
like video gaming that's universally
having this effect on many communities

621
00:56:31,21 --> 00:56:34,35
throughout the state and different communities
are dealing with that differently

622
00:56:34,36 --> 00:56:38,67
either through the zoning or through their
liquor codes but most people have the

623
00:56:38,68 --> 00:56:44,96
same concern about how do we limit.
How do we limit the ability of these

624
00:56:44,97 --> 00:56:50,41
establishment friends taking up an entire
strip center if it was vacant or on the

625
00:56:50,42 --> 00:56:54,34
contrary you know we have a vacant
lot what if somebody wanted to build

626
00:56:54,35 --> 00:56:59,69
a brand new twenty thousand square foot
facility and line up fifteen video gaming

627
00:56:59,70 --> 00:57:02,67
establishment seven and have a
big parking lot and you'd have

628
00:57:02,68 --> 00:57:06,06
a little mini Vegas right
there. And that would be

629
00:57:06,07 --> 00:57:08,79
a whole different animal
because it would be you know

630
00:57:08,80 --> 00:57:14,28
a physical attacks and area that you have
to worry about who's going there whatever

631
00:57:14,32 --> 00:57:20,06
other policing issues usually go with this
is just taking a quick look at the U.T.

632
00:57:20,07 --> 00:57:21,04
Oh we do there is

633
00:57:21,05 --> 00:57:27,56
a limitation on retail sale tobacco
or for retail tobacco stores as

634
00:57:27,57 --> 00:57:31,29
defined which is basically predominantly
they're selling tobacco there is

635
00:57:31,30 --> 00:57:38,21
a. Separation two hundred feet between
the two between the retail tobacco

636
00:57:38,22 --> 00:57:43,67
store another retail tobacco store
so that's an example Yeah so there's

637
00:57:43,68 --> 00:57:46,64
a lot of separation for distance to

638
00:57:46,68 --> 00:57:52,12
a certain uses to other types of uses like
residential medical cannabis adult uses

639
00:57:52,13 --> 00:57:57,02
or separation to residential or that's
quite of the problem there but just

640
00:57:57,03 --> 00:58:02,09
a quick look there's tobacco stores is does
have separation between those two uses

641
00:58:02,22 --> 00:58:03,32
to that define that as

642
00:58:03,33 --> 00:58:08,38
a principal use it this is retail tobacco
stores as defined and it's those are

643
00:58:08,39 --> 00:58:13,33
defined as thirty percent or more of its
gross revenue from the sale to back.

644
00:58:15,31 --> 00:58:17,84
So there really some time
in the past to tell that

645
00:58:17,85 --> 00:58:22,21
a number has been an issue and that's
the best stores you know I think you're

646
00:58:22,22 --> 00:58:22,91
probably

647
00:58:22,92 --> 00:58:28,41
a long held crust I think you know I think.
That is that is very useful to have the

648
00:58:28,42 --> 00:58:31,98
president both in the
previous example and from

649
00:58:31,99 --> 00:58:36,31
a previous community and the in the cow
because it I mean as long as we can

650
00:58:36,73 --> 00:58:42,33
identify significant differences between
for example tobacco and video gaming then

651
00:58:42,37 --> 00:58:47,32
you can think about one of the other
very similarly kind of establishes the

652
00:58:47,36 --> 00:58:54,19
framework to think and eventually come up
with ordinances to regulate it. And that

653
00:58:54,20 --> 00:58:55,47
says again being

654
00:58:55,48 --> 00:58:59,40
a new thing you know in my head in that
sense I really don't see the significant

655
00:58:59,41 --> 00:59:03,92
difference between one and the other I mean
whatever regulation similar regulations

656
00:59:03,93 --> 00:59:08,19
we have for debacle I don't see why retail
tobacco sales I don't see why we cannot

657
00:59:08,20 --> 00:59:13,04
put something similar for the case of me
again terminals it might be interesting to

658
00:59:13,05 --> 00:59:17,31
see if we can I mean is anybody familiar
with one that might have come to that

659
00:59:18,78 --> 00:59:23,01
before me recall any you might be interesting
to see if there's an ordinance that

660
00:59:23,02 --> 00:59:28,35
was created you know fifteen twenty years
ago and what it backs in that it's

661
00:59:28,36 --> 00:59:33,22
a killer case night and then they chose
three hundred two hundred two hundred feet

662
00:59:33,69 --> 00:59:36,18
so you know it might be
something that we want to take

663
00:59:36,19 --> 00:59:39,48
a look at and see why did they choose Why
did they do it and why did they choose

664
00:59:39,49 --> 00:59:45,46
two hundred feet it probably was a popular
thing a certain time maybe next to

665
00:59:45,47 --> 00:59:51,34
a liquor store or you know
separate but but some are.

666
00:59:53,48 --> 00:59:58,66
So if we were to consider
putting. You know I found

667
00:59:58,67 --> 01:00:04,81
a resort to speak she said that that
the boundary generally is based on

668
01:00:06,04 --> 01:00:12,51
the store the property lights correct. I've
seen those kind of things defined both

669
01:00:12,52 --> 01:00:18,50
ways either from the property line or from
the extent of the store limits so you

670
01:00:18,51 --> 01:00:23,03
could I'm going to go from the front door
to the next front door you could you

671
01:00:23,04 --> 01:00:25,32
could go to the property
lines it's usually

672
01:00:25,33 --> 01:00:29,73
a little easier to go to the property
lines and believe me there will be some

673
01:00:29,91 --> 01:00:34,93
really long language that suggests how
that's measured because we get into that

674
01:00:34,94 --> 01:00:40,43
with people because I'm going to strip
mall but the strip center let's say out on

675
01:00:40,67 --> 01:00:45,56
Bethany and and Sycamore road you know
you've got story after story after story

676
01:00:45,57 --> 01:00:52,54
there's no break in. Property right so you
know the other the other way to do it

677
01:00:52,55 --> 01:00:56,85
is not to use distances at all you
could just say you can have or

678
01:00:56,86 --> 01:01:00,76
a combination you can't have more than one
or two or whatever you determine or if

679
01:01:00,95 --> 01:01:06,16
ever percentage you can have more than ten
percent of any one building can have.

680
01:01:07,54 --> 01:01:12,92
Can be used for this use so we could
define it if we kind of know what your end

681
01:01:12,93 --> 01:01:14,17
game is we can take

682
01:01:14,18 --> 01:01:18,37
a look and try to figure out the best way
to achieve that either through distance

683
01:01:19,23 --> 01:01:21,57
percentages building restrictions

684
01:01:31,82 --> 01:01:35,79
I don't have any numbers in mind
but I agree with you on the.

685
01:01:38,98 --> 01:01:45,03
The downtown area and kind
of keep it in that reined in

686
01:01:45,04 --> 01:01:47,100
a little more I know we've as

687
01:01:48,01 --> 01:01:54,30
a community you guys have have really worked
hard to get businesses in the downtown

688
01:01:54,31 --> 01:01:59,20
area. Even though that would be

689
01:01:59,25 --> 01:02:05,89
a really great revenue source I think
keeping that retail more of the

690
01:02:05,90 --> 01:02:11,21
retail aspect of the
downtown area seems to be

691
01:02:11,22 --> 01:02:15,66
a lot more appealing to attract people into
her community not that this wouldn't be

692
01:02:15,66 --> 01:02:22,47
appealing to some people but I you know I
agree with trained. Keep that reined in

693
01:02:22,79 --> 01:02:29,77
that speak it makes me know
you bring up the issue

694
01:02:29,78 --> 01:02:34,00
of revenue which is something we never make
our decisions based on by you're right

695
01:02:34,01 --> 01:02:40,96
it's very. You know the there's the basic
philosophy of how there are what why

696
01:02:40,97 --> 01:02:44,66
do you tax something and then there is
either you tax to get rid of something or

697
01:02:44,67 --> 01:02:49,56
you tax to get some revenue stream to do
the things the government needs to do and

698
01:02:49,57 --> 01:02:53,19
this is a this is a situation where
you tax in order to get rid of it in

699
01:02:53,20 --> 01:02:58,16
a way you tax through the regulations we're
not talking about money we're talking

700
01:02:58,17 --> 01:03:01,39
about limitations on what you can do and
that's actually what we're doing here

701
01:03:01,40 --> 01:03:06,96
we're we're thinking about what what how
can you tax it how can you regulated such

702
01:03:06,97 --> 01:03:13,40
that you get no more than
what you want and you know

703
01:03:14,22 --> 01:03:19,74
it I don't think this is the case and here
but But even even good complete read of

704
01:03:19,78 --> 01:03:24,75
but I don't think that's to our case in
particular we just want to put limits to it

705
01:03:25,05 --> 01:03:30,88
what there was saying was was I think right
on I think I think that's going to find

706
01:03:30,94 --> 01:03:37,43
a good echo around the community if we had
many inquiries from other establishments

707
01:03:37,44 --> 01:03:44,07
during the moratorium that you might
know of other standalone or either or

708
01:03:44,86 --> 01:03:48,09
primarily the standalone So I think because
that would be more of the issue the

709
01:03:48,10 --> 01:03:52,76
only request that we got was for one that
was over in the strip center next to Sean

710
01:03:52,77 --> 01:03:57,65
Knox and some of you commissioners and
I recall that that plan development

711
01:03:57,66 --> 01:04:04,65
agreements restricted bars or liquor
licenses so it wasn't so much I think

712
01:04:04,66 --> 01:04:08,50
he had started talking to Derek about
what would be required this is before all

713
01:04:08,51 --> 01:04:13,33
this happened what would be required to
amend that restriction so that he could do

714
01:04:13,34 --> 01:04:17,18
the video game and then.
He kind of went away for

715
01:04:17,19 --> 01:04:20,33
a while was working on some other things
and when he came back the moratorium was

716
01:04:20,34 --> 01:04:27,14
in effect so I think he had hoped to try
and move forward with that. And I believe

717
01:04:27,15 --> 01:04:31,82
Derek cautioned him because my understanding
is that was pretty controversial at

718
01:04:31,83 --> 01:04:35,80
the time that project was approved and
I remember even worse knocks getting

719
01:04:35,81 --> 01:04:39,31
a worker license to leave
was there were so it was

720
01:04:39,32 --> 01:04:43,46
a big issue to some but other than that
one I don't think I don't think we've had

721
01:04:43,47 --> 01:04:49,79
any of their. And you know OK there was an

722
01:04:50,44 --> 01:04:51,18
organisation

723
01:04:51,19 --> 01:04:55,87
a fraternal organization that asked if
they could move their facility and keep

724
01:04:55,88 --> 01:05:02,32
their machines and they determine through
legal legal I got involved and said No

725
01:05:02,33 --> 01:05:06,04
you would not be able to during the mower
moratorium to move your machines and your

726
01:05:06,05 --> 01:05:12,89
machines are connected to that
location. I'm just curious as

727
01:05:12,90 --> 01:05:17,99
to are we reaching Are we nearing the
saturation point from the business is

728
01:05:18,00 --> 01:05:21,74
perspective and how much of an issue will
it be down the road I'm just curious

729
01:05:21,78 --> 01:05:27,01
because there are so many it's like at
some point does the the industry itself

730
01:05:27,02 --> 01:05:33,10
decide there's enough Yeah I wish I knew
I was I could say how many or if there

731
01:05:33,11 --> 01:05:38,78
were any people that stopped calling us
because they knew more as far as you know I

732
01:05:38,79 --> 01:05:42,01
don't know that to be the
fact I do know that in

733
01:05:42,02 --> 01:05:45,95
a few months that when I first got here
you know they said they just started

734
01:05:45,96 --> 01:05:50,67
printing men and Alice like what's happening
and that's why we had the really quick

735
01:05:50,67 --> 01:05:56,40
. Salvation of these memos and the council
got involved and they said please do

736
01:05:56,41 --> 01:06:00,06
some more research and that's when the
moratorium came about is because we felt

737
01:06:00,07 --> 01:06:04,05
like if we didn't do something that
little section of Amar road was going to

738
01:06:04,06 --> 01:06:09,13
continue to have many more applications
well and the other thing is we're talking

739
01:06:09,14 --> 01:06:13,17
about Dekalb you go across into Sycamore
which is still in that same stretch and

740
01:06:13,18 --> 01:06:17,03
there's one or two there already direction
which is not in ours but it's still

741
01:06:17,04 --> 01:06:21,27
within a close distance right
that's a good point it's

742
01:06:21,31 --> 01:06:24,64
a sycamore considering anything similar
to that I was going to ask the same thing

743
01:06:25,29 --> 01:06:30,36
we can find out now that would be in the
interesting our next report and may be.

744
01:06:31,63 --> 01:06:32,80
You know that was Sycamore bring to

745
01:06:32,81 --> 01:06:38,68
a close may be what about
even like Shell or maple park

746
01:06:41,70 --> 01:06:42,76
we will do

747
01:06:42,78 --> 01:06:46,83
a little investigating and bring that to
our report the next time we cynical but my

748
01:06:46,84 --> 01:06:51,09
guess would be that they all know when
the moratorium is going to be lifted and

749
01:06:51,10 --> 01:06:54,39
what that you may have before
I don't think you'll see us

750
01:06:54,40 --> 01:07:01,06
a lot of Yeah well no really
quickly Yeah. I do remember we had

751
01:07:01,56 --> 01:07:03,67
something a couple months ago and

752
01:07:03,68 --> 01:07:08,24
a citizen during the service and during the
public hearing one of the systems made

753
01:07:08,25 --> 01:07:14,48
a comment about. You know these popping up
all over the place and. A little concern

754
01:07:14,49 --> 01:07:21,31
about that so I think once we do get this
ironed out. You need to be interesting to

755
01:07:21,32 --> 01:07:27,44
see how much public input comes out of the
I mean I hope if there's concern that

756
01:07:27,50 --> 01:07:32,85
the public will come in and as a as
a tax amendment you know we'll do

757
01:07:32,86 --> 01:07:38,47
a notice in the newspaper but there's not
really. You know we don't notify enjoy

758
01:07:38,48 --> 01:07:41,59
robbery Eleanor's in this case
because it's because there isn't

759
01:07:41,60 --> 01:07:48,45
a proper need yeah there isn't so. You know
so getting the word out is going to be

760
01:07:48,88 --> 01:07:52,82
you know about as much as you folks talking
to your neighbors and letting people

761
01:07:52,83 --> 01:07:56,25
know that we're discussing it again and
people following the agendas and the

762
01:07:56,27 --> 01:08:00,20
notices in the newspaper are.
Hopefully it's not the kind of

763
01:08:00,20 --> 01:08:03,43
a situation where we don't get
any public input Intel it's on

764
01:08:03,43 --> 01:08:08,72
a council agenda and you know. So it would
be better if you think there are people

765
01:08:08,73 --> 01:08:13,43
out there that have concerns about this
that we try to get people encouraged to

766
01:08:13,45 --> 01:08:16,100
come in and participate so that we make
sure we hit the items that are important to

767
01:08:17,00 --> 01:08:23,100
the community so anybody out there listening.
If you check this out on You Tube.

768
01:08:33,99 --> 01:08:40,01
So I think unless there is out there I
mean I'm hearing that the. Limitations in

769
01:08:40,02 --> 01:08:43,61
the central business district just to
not include it either as a permitted or

770
01:08:43,62 --> 01:08:49,22
a special use is what I'm hearing. Will
define it and come up with some things I've

771
01:08:49,23 --> 01:08:55,86
got some notes about some some information
you'd like to see. Whether Sycamore

772
01:08:55,87 --> 01:09:01,45
Rochelle or Mabel park or other local
communities are implementing. Any

773
01:09:01,46 --> 01:09:05,50
restrictions in the area
and then we'll also take

774
01:09:05,51 --> 01:09:12,04
a look at some of the restriction languages
and what. What nonconforming uses that

775
01:09:12,05 --> 01:09:16,04
might create if we implement those
and then we'll we'll come back with

776
01:09:16,05 --> 01:09:17,18
a proposal in terms of

777
01:09:17,19 --> 01:09:22,94
a separation whether it's by building or
distance and let you react to that let the

778
01:09:22,95 --> 01:09:26,85
public react to that and see if we're
hitting the mark and we can adjust you know

779
01:09:26,86 --> 01:09:27,98
it's will come to you as

780
01:09:27,99 --> 01:09:33,38
a draft and if we get you know analysis
or significant comments from the public

781
01:09:33,39 --> 01:09:35,85
that we need to do more research or just

782
01:09:35,86 --> 01:09:39,66
a number based on some testimony
that's provided we can always do that.

783
01:09:50,05 --> 01:09:55,81
OK thank you for the opportunity to have
this discussion tonight I appreciate it

784
01:09:57,39 --> 01:09:58,57
a lot of information is

785
01:09:58,58 --> 01:10:05,34
a lot of interest. But it's been
good information to so thank. You

786
01:10:05,46 --> 01:10:11,94
I don't see any considerations on here are
reports or items for next meeting do you

787
01:10:11,95 --> 01:10:16,76
have anything or not a date for you
would want to mention we do have

788
01:10:16,77 --> 01:10:21,42
a lot of pending applications we haven't
said hearings yet but I wanted to ask the

789
01:10:21,43 --> 01:10:28,28
Commission in terms of March. You actually
have three scheduled meetings in March.

790
01:10:39,59 --> 01:10:46,55
But. Wednesday March twenty second are
schedule meetings for March are March first

791
01:10:48,14 --> 01:10:52,93
which is the first Wednesday. March
fifteenth to March twenty ninth.

792
01:10:55,38 --> 01:11:01,42
We're looking to are asking the commission.
If that's possible if you could meet on

793
01:11:01,43 --> 01:11:08,34
Wednesday March twenty second also in
addition to those others yes Febreze sorry

794
01:11:12,60 --> 01:11:17,98
so right now we have the meetings in March
and meeting sorry meanings of February

795
01:11:17,99 --> 01:11:22,97
or February fifteenth because the only
one in February OK that's currently

796
01:11:22,98 --> 01:11:28,52
scheduled Yeah we're looking sorry for.
The veil believe the commission for

797
01:11:28,53 --> 01:11:34,93
Wednesday February twenty second. So we
haven't set any hearings yet but it looks

798
01:11:34,94 --> 01:11:40,29
like we may need another meeting that
month so why not let's go now or take

799
01:11:40,30 --> 01:11:45,68
a look. You know if you need to let us know
next few days if that's open or not or

800
01:11:45,69 --> 01:11:50,00
if there's an issue if not we'll look to
maybe schedule something I'm sure you're

801
01:11:50,01 --> 01:11:56,42
definitely open OK You mentioned March
fifteenth as well so correct that's

802
01:11:56,43 --> 01:12:02,53
a regular schedule meeting yes I tentatively
will not be available but I can

803
01:12:02,54 --> 01:12:09,02
confirm as that they'd
gets closer you know right

804
01:12:10,13 --> 01:12:11,99
you know this is the rest of you can take

805
01:12:11,100 --> 01:12:16,29
a look at your schedules and let us know
of any regularly scheduled date or that

806
01:12:16,30 --> 01:12:22,43
additional Feb twenty second date because
we do have all of these are kind of

807
01:12:22,92 --> 01:12:27,03
almost at some stage and if we try to put
them on one agenda you guys would be here

808
01:12:27,03 --> 01:12:31,49
. Trying to spread them out
a little bit and make it

809
01:12:31,50 --> 01:12:37,66
a little bit more manageable. So we'll
let you know as soon as we can and we do

810
01:12:37,67 --> 01:12:41,79
have our next scheduled meeting is the
twenty fifth of January correct yes because

811
01:12:41,80 --> 01:12:44,25
we do have something on
the docket Yes we have

812
01:12:44,26 --> 01:12:48,41
a public hearing on Sonic
restaurant lets them get away

813
01:12:57,22 --> 01:12:59,71
all right so if we don't have
anything else I'd be happy to take

814
01:12:59,72 --> 01:13:05,99
a motion for adjournment so moved so moved
by on your second second I cast your one

815
01:13:06,00 --> 01:13:12,55
right on piracy act I'll post a I'm sorry
we're joined thank you thank you. Yes.